Minutes of Meeting – June 29, 2009
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 6:00 p.m., Robert D’Amelio called the meeting to order.
Present: Robert D’Amelio, Dirk Underwood, Tom Collins, Charles Freeman, Jennifer Burke, Planning Director, Tony Marques, Director of Public Works and Aldo Cipriano, Town Counsel.
Bob D’Amelio, seconded by Dirk Underwood, made a motion to go into executive session for pending litigation to return to public session by roll call vote:
Robert D’Amelio – yes, Dirk Underwood – yes, Tom Collins – yes and Charles Freeman – yes.
The Board returned to public session.
Brigham Hill III
Present was: Michael Norris, Atty. at Law
Niel & Geraldine Fossile
Mr. D’Amelio asked why are we here. He feels that the parcel for the water tank should have been already deeded over. Mr. Fossile indicated that he would like some questions answered regarding blasting around the tank. He had asked for a meeting with the contractor to get the answers but that hasn’t happened yet.
Mr. D’Amelio stated that no contract has been awarded therefore no one can meet to discuss issues. The Town can not award a contract without the land.
Mr. Marques reiterated that the engineers are not working for the Town until the contract is awarded. He also reviewed the public bidding process.
Atty. Norris restated his clients concerns regarding blasting. Mr. Fossile stated he wants to know how close he can get to the tank. Atty. Cipriano and Ms. Burke reviewed the blasting procedures as identified by the Fire Chief including the liability insurance to the blaster and their general ability to blast in relative proximity to structures. It is the Town’s understanding that Mr. Fossile would not have any liability.
Mrs. Fossile indicated that a gentleman came to the Fossile offices claiming to be the contractor and wanted to discuss issues relative to the tank. Mr. D’Amelio indicated that was presumptuous of him.
Mr. D’Amelio stated that there is no reason not to convey at this point.
Mrs. Fossile asked how much of the road needs to be done for the tank to be completed. Mr. Marques stated that the road should be in and done with the water line done as well. He would like it done by November. Mr. Fossile stated that he would have the road and water line done by November 2009.
Atty. Norris and Mr. Fossile agreed to give the signed deed to Atty. Cipriano to hold in escrow for 1 day until Mr. Fossile could speak to his blaster. The Board found this acceptable.
Adjournment
Charles Freeman, seconded by Dirk Underwood, moved to adjourn at 6:50 PM.
Vote: 4-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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